Category: Articles

A lawyer who represents two or more clients shall not make or participate in the making of an aggregate settlement of or against the clients.” New York Rules of Professional Conduct, Rule 1.8:(g). Are we attorneys afraid of taking a stand against medical providers or are we complicit because our fees are increased?

CPLR 4545 now precludes private health insurers from recovering pursuant to subrogation. GOL 5-355 extinguishes private health insurer recovery rights upon settlement of the injury claim. Medicare, Medicaid, APIP & Workers' Compensation recovery rights are preserved in these statutes. Loopholes exist that could still permit private health insurers to recovery under subrogation. Ethical violations and Conflicts of Interest are going to be strong temptations due to this legislation.

Dear Michael Hayes: At a recent board meeting of the National Board of Legal Specialty Certification (NBLSC), the parent organization of the National Board of Trial Advocacy (NBTA), on which I have...